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Dukes And FLSA Collective Actions

Law360, New York (June 27, 2011, 5:29 PM EDT) -- The U.S. Supreme Court's decision in Wal-Mart Stores Inc. v. Dukes, No. 10–277 (June 20, 2011) slip op., addressed the viability of a Title VII gender discrimination class actions under Rule 23 of the Federal Rules of Civil Procedure, which govern class actions. As significant as that decision may be for discrimination litigation under Title VII of the Civil Rights Act of 1964, those cases now are outnumbered at least 10 to one by Fair Labor Standards Act (FLSA) collective actions for unpaid wages and overtime. This article therefore considers whether Dukes' teachings may apply to FLSA collective actions as well as to Rule 23 class actions....

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